Can Police Deposit my Gun on Someone's Application

[desaibhargav]

I have a neighbor who is making applications to the Superitendent of Police that my possessing the licensed revolver is a threat to his and his family, and demanding the police to deposit my gun. We are having an issue relating to the property with the neighbor. He has stated in his application to deposit my revolver till my land issues with him are resolved. Can the Police deposit the revolver based on this application?
If the police deposits the revolver, how can I get it back?

[nagarifle]

i think only if there is known threat to your neighbor, the other-side of the argument could be if i deposit my weapon my niebour will attack me.

the police can ask it to be deposited, however wait for more response from other members of the forum as this is not a simple issue. any advice given should be taken at own risk.

[captrakshitsharma]

Get the first movers advantage and file a report against it.... As stated earlier please consult a lawyer and consider the advice at your own risk.

[Katana]

Bhargav,

From what I understand, your license should be that of self defense. If that is the case, why would police ask you to deposit the weapon unless there is a criminal charge against you? The licensing authority for you seems to be the Collector/ DM, so unless he directs the SP to do so, there is nothing much they can do.

However, I suggest you bring this affair to the attention of both the DM and SP in writing.

Meanwhile, look up any court judgements with a similar nature to keep your notion clear. Capt. Sharma is also correct. Maybe you could file a caveat, if it is permissible.

[Vineet]

There was a similar case in which a person appealed to the ADC to deposit weapons of another person with whom he had some dispute. ADC said he will only deposit the weapons if the owner had misused his weapons (for threatening etc) and there should be a registered FIR against him for the same. Therefore I think as long as you do not have a FIR registered against you, police should not ask to deposit your weapon.

However, I suggest you to write an application to the SP stating that your revolver should not be deposited as you have not misused it and it's for your self defense.

Even if police ask you to deposit your revolver you can appeal in the court against it.

[tiwariarrun]

I agree with what Vineet said.

Get a good lawyer to help you out with this. But remember one thing- it's your gun, its for your safety- it's your right, and on one could just take it away from you.

Have you ever pointed a gun at him? or on anyone in his family? Have you threatened him to kill him?

You can inform the cops that you feel that even you feel that guy could do something to you. It could be a part of a plan where he could just get your firearm deposited, and get you beaten up or something.

Untill there's a misuse, your gun's not going anywhere. Just play smart.

[nagarifle]

wait till the police say something. if they do not act why should you give them the cause to harass you?

lawyers cost money. that should be the last resort.

do not blame me for taking my view.

[goodboy_mentor]

Everyone has pretty well answered, especially Vineet and tiwariarrun have summarized the points. I would like to add the following:

1. Do not give any opportunity to him so that he can officially say that you have threatened him etc.

2. In case he does say any such thing against you, have your supporters in the neighborhood who will be willing to give eyewitness in your support. In criminal cases eyewitness account carries lot of weight.

There are many fine points of law which are best discussed sitting face to face with a lawyer. Sit and talk with a seasoned lawyer. Usually it does not cost much to consult a lawyer.